The European Commission is referring the Czech Republic and Luxembourg to the Court of Justice of the EU over the failure to notify complete transposition of the Directive on measures facilitating mobile workers to exercise their rights in the context of freedom of movement (Directive 2014/54/EU) into their national legislation, more than one year after its transposition deadline.
Free movement is one of the biggest advantages of the Single Market. According to the latest Eurobarometer, more than eight out of ten Europeans support the "free movement of EU citizens who can live, work, study and do business anywhere in the EU". But free movement has to happen in a fair way. Therefore, this Commission is taking measures to avoid social dumping, by giving national authorities the tools to fight abuses and fraud. At the same time, workers' rights need to be protected also when they work abroad.
In this context, the right of EU citizens to work in another Member State, laid down in Article 45 of the Treaty on the Functioning of the European Union (TFEU), includes the right not to be discriminated against on grounds of nationality as regards access to employment, pay and other working conditions. Through the Directive facilitating the exercise of rights conferred to mobile workers, the EU wants to enable mobile workers and national authorities to enforce these rights in practice, and to improve access of mobile EU citizens to information and assistance services in the Member States.
Under the Directive, Member States are required to designate one or more bodies to promote equal treatment and provide support and assistance to mobile EU workers with the enforcement of their rights (see the list of the bodies here). The Directive also obliges Member States to ensure access to effective legal protection in case these rights are breached and to promote active dialogue between social partners, NGO's and public authorities with a view to encouraging the principle of equal treatment.
Member States' laws, regulations and administrative provisions necessary to comply with the Directive had to enter into force by 21 May 2016 and the Commission had to be informed immediately. Although the Commission sent a letter of formal notice and a reasoned opinion asking Czech Republic and Luxembourg to notify full compliance with the Directive, Luxembourg has notified measures only partially transposing Directive 2014/54/EU into national law and Czech Republic has not yet communicated transposition of the Directive at all.Therefore, on the basis of the procedure set out in Article 260(3) TFEU, the Commission will request the Court of Justice to impose a daily penalty payment of €6,528 on Luxembourg and €33,510.4 on the Czech Republic until the Directive is fully transposed into national legislation. Member States that fail to communicate transposition measures are pursued by the Commission as a matter of priority.
The Commission addressed a letter of formal notice to both Czech Republic and Luxembourg on 22 September 2016, followed by a reasoned opinion on 16 February 2017. National authorities of Luxembourg have informed the Commission that the Directive has been transposed except the provisions of the Directive related to the designation and tasks of the body; the relevant draft law is under discussion at the national parliament. National authorities of the Czech Republic have informed the Commission that the draft act transposing the Directive is under discussion at the national parliament. Full communication of transposition measures is necessary for the Commission to verify the correct enforcement of the Directive. Since complete transposition has not been formally notified by neither of the two Member States, the Commission decided to refer Czech Republic and Luxembourg to the Court of Justice of the EU.
For More Information
- On the key decisions in the October 2017 infringements package, see full MEMO/17/3494.
- On the EU infringements procedure.